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(영문) 서울북부지방법원 2014.06.12 2014고단357

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a cruise car.

On January 23, 2014, the Defendant driven the said car while under the influence of alcohol of 0.170% without a driver’s license on January 23, 2014, and continued two lanes from the three-lanes in front of Dongdaemun Lone Star in Dongdaemun-gu Seoul, Dongdaemun-ro 169, toward the blue Lone set off in the border market distance.

At night, vehicles were in progress in the front line and the first lane, so a person engaged in driving service has a duty of care to take care of the front line and the left and right at the time of change of course, and to prevent accidents in advance by changing a lane safely.

Nevertheless, the Defendant neglected this and caused the Defendant to enter the Defendant’s driver’s car at a one-lane, thereby causing the Defendant’s driver’s vehicle to go on the right side of the Defendant’s driver’s vehicle, which was going on one-lane in the same direction as the left side of the Defendant’s driver’s vehicle.

Ultimately, the Defendant suffered injury to the Defendant, by negligence on the part of the aforementioned occupational negligence, with a pleinal salt and tension that require treatment for about two weeks, while driving normally difficult due to such negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C Statement on the occurrence, actual condition, and supplement of traffic accidents;

1. A traffic accident report;

1. Statement on the circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violation of the Road Traffic Act and the violation of the Road Traffic Act (the crimes of unlicensed driving) shall be more severe;